Thursday, January 28, 2016

Is there sales tax on commercial real estate?

FYI from Crandall Commercial Group!

Answer:  (from dor.myflorida.com) "The total amount of rent paid for the right to use or occupy commercial real property is subject to sales tax and applicable discretionary sales surtax, unless the rent is specifically exempt. If the tenant makes payments such as mortgage, ad valorem taxes, or insurance on behalf of the landlord, those payments are included in the total amount of rent paid and are subject to sales tax and surtax. The $5,000 limitation of surtax for tangible personal property does not apply to the lease, rental, or license to use commercial real property. Payments for separately stated services that are required under the lease or license are part of the total amount of rent paid.

Examples of commercial real property rentals:

• Office or retail space
• Warehouses
• Convention and meeting rooms
• Mini-warehouses

Rentals, leases, and licenses to use or occupy commercial real property by related persons, as defined in section (s.) 212.02(12), Florida Statutes (F.S.), are also subject to sales tax and surtax. For example, the lease of commercial real property by a parent corporation to one of its subsidiaries, or by a shareholder to a corporation, is subject to sales tax and surtax."

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